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Planning Commission - 08/06/1974 AGENDA EDEN PRAIRIE PLANNING COMMISSION TUESDAY. AUGUST 6, 197 4 7:30 PM PLACE: Eden Prairie High SchoolyStudy Hall - Se.uth Entrance 8025 School Road Invocation - Pledge of Allegiance - Roll Call I. MINUTES OF TULY 30, 1974 SPECIAL MEETING OF THE PLANNING COMMISSION. II . REPORTS OF COMMISSION MEMBERS. A Chairwoman Schee- l . Discussion of monthly meetings. B. PLANNER` S REPORTS . ` III. REPORTS AND RECOMMENDATIONS. CONTINUED PUBLIC HEARINGS. A. Bruce Hubbard, Mini-Storage,warehousing project located north of Flying Cloud Drive in the Lake Smetana Sector. Request for rezoning from Hwy Com & Rural to I-2 Park. The project was continued from the July 16 , 1974 Meeting. Suggested Action: approve, deny or continue. B. Mitchell Lake Estates. Request for concept approval of Mitchell Lake Estates Single Family detached ( mobile homes ) development and rezoning the property from Rural & PS to Mobile Home Park. The site is approximately 100 acres located west of Mitchell Lake and approximately 2 mile south of Highway # 5, The proposal is for 350 mobile home units on lots not less than 5,000 sq. ft. Continued from the July 16, 1974 Meeting. A sample mobile home will be available for viewing at Brauer's Office, 6440 Flying Cloud Drive, on Sunday August 4th from 2:00 - 5:00 PM. A key may be obtained from Brauer's Office to view the home on Monday or Tuesday. Suggested Action: approve; deny, or continue. IV. PETITIONS AND REQUESTS. PUBLIC HEARINGS. A. Flood Plain Ordinance. Consideration of.the re-drafted Flood Plain Ordinance. The ordinance is an ordinance designating the flood plains, marshes, wetlands, watercourses and lands abutting meandered lakes in the City and regulating the use and development thereof. Suggested Action: approve , deny, or continue. B. Edenvale Plaza Shopping Plaza, by Eden Land Corporation. Request for PUD development approval and rezoning from Rural to C-Com . The site is a 13. 5 acre parcel within Edenvale at the NE corner of Mitchell Road & State Highway # 5. Developer's presentation Suggested Action: approve , deny , or continue. C. Prairie Lawn & Garden , by Stanley Riegert. Request rezoning from PS to Com. for the purpose of constructing a Lawn and Garden Store. The property is located across Highway 5 from the Stewart Sandwich Company. Suggested Action: approve deny, or continue. V. ADJOURNMENT. • MINUTES EDEN PRAIRIE PLANNING COMMISSION Tuesday, August 6, 1974 7:30 PM E.P. High School MEMBERS PRESENT: Fosnocht, Schee, Lynch, Sorensen. MEMBERS ABSENT: Meyers-attending the Council Meeting, Brown, Lane. STAFF PRESENT: Dick Putnam, Planner Marty jessen, Director of Community Services Gene Schurman Engineer Asst. I. MINUTES OF TULY 30,1974 SPECIAL MEETING . P. I,5th F, sp. - of informed. P. 2,4th P, should read- Norderhus replied that this would be another reason to rearrange the units on the site. 7th P, after Highway 5 add- and two others proposed at the 4 & 5 intersection. P. 5,3rd R, developers - not developer No. 3; the motion should read - pending Cour±y and State road improvements. P. 5,last P, than- not then. P. 6, 6th P/ should read- Sorensen reviewed the Abstract of Title, to the land in question brought to date 6-4-74 and read entry_86 which referred to the Warranty- Deed to the Wilsons. & last sentence of said paragraph should read . . from Wilsons to Dorenkempers. • P. 7,Ist F, should read- Sorensen said that he felt strongly that regardless of the Landhold Agreement that the Zoning & Platting Ordinances were at stake. 4th IF/ should read- Mr. Sorensen said that there appeared that there might be some element of fraud and damages might be collected. 6th Pr spelling of privilege Mr. Sorensen did not feel that the minutes accurately reflected his concerns and feelings regarding the Crestwood 73 P. 8,5th lP/ should read- . . . the City is being asked to take the total burden of inflation and Homart take up none of said burden. P. 9, 2nd IP should read - 60 degree parking ancl2 and 55' center to center corridor. Lynch moved, Sorensen seconded, to approve the minutes as published and corrected. The motion carried with 2 ayes, Lynch and Sorensen, and two abstains, ( Schee & Fosrncl-t, II. REPORTS OF COMMISSION MEMBERS. A. Chairwoman Scnee-Discussion of monthlv meetings . The change was suggested so the Council representative could attend the meetings. Mr. Lynch felt the one meeting a month would last too late . Mr. Sorensen suggested that a different evening be selected for the first meeting every month wl-ch the Council representative could attend. Planning Commission Minutes -2- August 6,1974 Mr. Fosnocht questioned the practicality of the Commission handling its business in only one meeting a month. Chairwoman Schee directed the Planning Secretary to contact all members as to theio availability to meet on evenings other than Tuesday and to submit the information at the next meeting. Commission member. Sorensen , Mr. Sorensen asked if the Commission would be interested in attending a lecture by Dr. Bofenkamp regarding noise pollution. The Commission members agreed that they would make an effort to attend such a lecture . B. PLANNER' S REPORTS. Smetana Lake - The Planner reported that the Smetana Lake Sector Study was presented to the Park & Recreation Commission last evening and that the members were generally impressed with the Composite Plan. Homart -The planner briefly reported on Homart's progress . III. REPORTS AND RECOMMENDATIONS. CONTINUED PUBLIC HEARINGS. A. Bruce Hubbard, Mini-Storage , warehousing project located north of Flying Cloud Drive in the Lake Smetana Sector. Request for rezoning from Hwy Com & Rural to I-2 Park. The project was continued from the Tuly 16, 1974 Meeting. Mr. Sorensen refrained from the discussion due to a possible conflict of interest. Mr. Hubbard seated that , as directed by the Commission, all of the owners met • and agreed upon a road system which had been based upon economics, terrain, and use of the land. Mr. Lynch felt that the Fraser site should be serviced by two roads. Mr. Cardarelle responded that the site could be serviced by two roads if necessary, one possibly for emergency access only. Chairwoman Schee asked what other concerns the owners were to address themselves to. The planner stated that they were to also address themselves to the appropriate- ness of high-rise apartments overlooking a storage facility. Mr. Cardarelle said that none of the owners objected. Motion: Lynch moved, Fosnocht seconded, to refer the submitted road plan to the staff for reviewal and recommendations. The motion carried with 3 ayes and 1 abstain, ( Sorensen ) . To avoid any future misunderstanding Mr. Sorensen felt someone should inquire about the possible future use of parcel A. Mr. Hubbard said that he is still contemplating developing it pri marily as office and that Mr. Brill is interested in the parcel as a kennel. He said 'neither the surrounding owners,nor Dr. Wright f objected to such a use. " Planning Commission Minutes -3.- August 6, 1974 Mr. Lynch asked if a kennel would fall into industrial zoning, The planner responded that it is not specifically excluded anywhere in the Zoning Ordinance. Mr. Fosnocht asked the planner if he felt I-2 would be appropriate for the site. The planner felt that either commercial or industrial could work. Motion: Fosnocht moved, Lynch seconded, that the Bruce Hubbard Mini-Storage warehousing, requesting rezoning from Hwy Com & Rural to I-2 Park,be forwarded to the Council recommending approval based upon recommendation -* 1 of the 5-6-74 staff report. Lynch amended- the motion that it be subj ect to the approval of the Smetana Lake Sector Study as it applies to this section of the Smetana Lake Sector. Mr. Fosnocht seconded the amendment. The motion married ( 2:1:1 ) with Schee voting nay and Sorensen abstaining. B. Mitchell Lake Estates. Request for concept approval of Mitchell Lake Estates Single Family detached ( mobile home ) development and rezoning the property from Rural & PS to Mobile Home Park. The site is approximately 10 0 acres located west of Mithcell Lake and approximately 2 mile south of Highway * 5 Motion: I-h-vin.g no staff report or no approved mobile home ordinance Mr. Sorensen moved, Schee seconded, to continue the .item on the agenda pending a staff report, & adoption ar other Cburr-d action of the mobile home ordinance. The motion carried . unanimously. Schee asked if the audience had any comments. There wera none. Mr. Fosnocht inquired as to the ordinances status. The planner said that the attorney is investigating the implications of not having such an ordinance in light of the State law and the staff is waiting for the attorney's opinion. IV. PETITIONS AND REQUESTS. PUBLIC HEARINGS. A. Flood Plain Ordinance. Consideration of the redrafted Flood Plain Ordinance. The ordinance designates the flood plains, marshes, wetlands, watercourses and lands abutting meandered lakes in the City and regulating the use and development thereof. The planner introduced the Watershed rep-esentatives and City staff who were present to answer questions. Mr. jessen, Director of Community Services, outlined the flood plain area on the wall map. Mr. Sorensen inquired aboutthe 6--month limit referred to in the DNR letter. Mr. jessen said that the 6 months has lapsed but the Watershed District would like to work with the City in adopting City flood plain regulations. Planning Commission Minutes -4- August 6,1974 Mrs. Schee asked if there were to be maps with the- ordinance . Mr. Jessen said that the ordinance refers to large maps on file adding that 2' contours are availabl. for some parts of the City. Bill Bonner , of Hustads, asked if the ordinance would supersede federal flood plain regulations. Mr. Fred Richards, attorney for the Riley/Purgatory Nine Mile, and Lower Minnesota Watershed Districts, said that the federal agency would probably accept local information as theirs is very generalized and not too accurate. Mr. Fosnocht asked how the flood plan boundaries were arrived at. Mr. Al Gebhard, Watershed Engineer from Barr Engineering, said the State sets the criteria in delineating the 100-year flood plain boundarybased upon complete urbanization. Mr: Sorensen asked if it was possible-,to have %ater above the 100-year level. Mr. Gebhard replied that it is possible, for example,ice blocking a culvert could cause high water, levels, but he is confident that it will not be higher than shown on the map under normal conditions. Douglas Johnson asked if lands adjacent to the flood plain would be governed by the ordinance Jessen replied that there would be separate regulations such as sedimentation and land use controls for adjacent properties. Walter Kune asked that"item. 2 on P. 14 be clarified. Mr. Jessen replied that the basic volumes in the arm are shown on contour mans . Theodore Paul, of Shakopee, asked for the food plain boundary's elevation above sO level. Mr. Jessen replied that it varies and that such elevations are on file in the office. Siever Peterson asked what the taxation policy on the land within the flood plain wouicl be. Mr. Sorensen stated that such questions should be directed to the City Assessing Office. Steve Peterson then asked what right the public would have on private property within the flood plain.Jessen responded that the creekbed itself is public and the flood plain is private with certain rights retained by the State .under the Public Waters defin- ition. Mr. Peterson asked if surrounding communities were cooperating. Mr. Gebhard responded that Bloominton has passed an ordinance, Minnetonka is in the process of passing one,and the Watershed Board is encouraging Chanhassen to do so. Frank Smetana,,Jr. stated he had a difficult time obtaining flood plain boundary elevations from the staff when he built his house. The planner responded that elevations are given and surveyors can stake such elevations for builders, etc. Frank Smetana Jr. asked if the ordinance would allow-filling within the flood plain. Mr. Jessen replied that a process is provided by which filling can be done and that a plan must be submitted. Douglas Johnson inquired if removal of material would also be regulated. Jessen • responded affirmative. Chairwoman Schee thanked the Watershed representatives and City staff and stated the flood plain hearing would be continued to the next meeting. ' Planning Commission Minutes -5- August 6,1974 B. Edenvale Plaza Shopping Center, by Eden Land Corporation. Request for PUD development approval and rezoning from Rural to C-C on The site is a 13 .5- • acre parcel within Edentiale at the NE corner of Mitchell Road & State Highway # 5 . Developer's presentation. The item was deleted from the agenda because no Eden Land Corporation representative was present. C. Prairie Lawn & Garden, by Stanley Riegert Request rezoning from PS to Com for the purpose of constructing a Lawn and Garden Store. The property is located across Highway 5 from the SteAart Sandwich Company . Mr. Stanley Riegert , owner and operator of the Prairie Lawn (S. Garden Store, presented the design of the new store which will be 12 blocks west of its present location. The building,with basement will be metal with a flagstone face. Only. 1 tree, a cottonwood, will be removed and Mr. Riegert plans to plant pine trees along the north side of the site. Mr. Lynch asked what type of grade the driveway would have: Mr. Riegert said that it would rise 10' above the road level. So�ensen expressed his and the Commission's concern about strip commercial on Highway # 5 and asked how many cars/day were expected. Mr. Riegert said most of his business was pick-up and delivery and on a busy summer day not more than 10 cars would be expected. • Chairwoman Schee referred the proposal to the staff for a staff report. V. ADJOURNMENT. Lynch moved, Fosnocht seconded, to adjourn at 10:30 PM The motion carried unanimously. r